Frank Fahey (Galway West, Fianna Fail)

The Tánaiste and Minister for Justice, Equality and Law Reform addressed amendment No. 8 on Committee Stage. The issue received consideration but the view reached was that it would be unwise to prescribe a mandatory procedure in prison rules when we have a new start-up position regarding the investigation of alleged breaches of prison discipline. In light of ongoing experience we may find that the procedure should be amended with some urgency, perhaps on a number of occasions. It is not an easy matter to revise prison rules on a regular basis. Deputy Jim O'Keeffe will be aware the new rules took a number of years to complete. There could also be a temptation and pressure to amend other rules at the same time and such changes could end up taking some considerable time to finish.

I will later move amendments Nos. 10, 12 and 13. Amendments Nos. 10 and 12 are an alternative to amendment No. 9 proposed by Deputy Howlin. On Committee Stage, the Minister agreed with Deputy Howlin that provision should be made to ensure visits from public representatives, and in the case of prisoners who are nationals of other states, that diplomatic representatives would not be prohibited as part of a sanction. The Parliamentary Counsel has drafted amendments Nos. 10 and 12, which will ensure that necessary provision is made and amendment No. 9, consequently, is not necessary.

Amendment No. 10 specifies Members of Dáil Éireann for the constituency in which a prisoner ordinarily resides would not be prohibited as part of a sanction from visiting a prisoner. The Parliamentary Counsel advises that the wording proposed by Deputy Howlin in amendment No. 9, specifically the term "public representative", is too wide, and that a clearer text is preferable. The current text provides this clarification.

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